Samuels

Having found no error requiring reversal, I concur in the majority’s decision to affirm the judgment. I write separately, however, to suggest the time has come to modify our position concerning whether a jury in a capital case should be completely informed of the meaning of life imprisonment without the possibility of parole.

The trial court in this case delivered CALJIC No. 8.84, the standard jury instruction concerning the penalties applicable in a capital case. That instruction states in pertinent part: “It is the law of this state that the penalty for a defendant found guilty of murder of the first degree shall be death or imprisonment in the state prison for life without possibility of parole in any case in which the special circumstance[s] alleged in this case [has] [have] been specially found to be true.” (Italics added.) We have, in prior cases, *139 rejected the contention that the term “life without possibility of parole,” as used in this instruction, “confuses jurors or has a technical meaning that requires a sua sponte definitional instruction.” (People v. Smithey (1999) 20 Cal.4th 936, 1009 [ 86 Cal.Rptr.2d 243 , 978 P.2d 1171 ]; see, e.g., People v. Prieto (2003) 30…

I join the majority in affirming the judgment. I write separately to express my disagreement with the majority’s analysis of two issues, one pertaining to financial motive to kill, the other involving the prosecutor’s biblical references.

I

At the guilt phase of defendant Mary Ellen Samuels’s capital trial for the murders of her estranged husband and an accomplice who, she feared, would report the killing of her husband to the police, the prosecution presented this evidence: As a beneficiary of her husband’s life insurance policy defendant received more than $240,000 in proceeds; she got $70,000 for selling a sandwich shop that she and her husband had owned; and she obtained $160,000 by refinancing the family home. She then spent the money on such things as an expensive sports car, a large television, limousine service, property in a Mexican resort, and clothing from a store called Trashy Lingerie.

Defendant challenges the trial court’s admission into evidence of how she spent the money, contending it was inadmissible character evidence. The majority brushes the contention aside with this cursory comment: “[Tjhere was no error. The evidence was relevant to prove defendant’s…

Certiorari Denied April 17, 2006. See 126 S.Ct. 1771 .

A jury convicted defendant Mary Ellen Samuels of the first degree murders of Robert Samuels and James Bernstein, soliciting the murders of Robert Samuels and James Bernstein, and conspiring to murder Robert Samuels and James Bernstein. (Pen.Code, §§ 187, subd. (a), 653f, subd. (b), 182, subd. (a)(1); hereafter all statutory references are to the Penal Code unless otherwise indicated.) The jury found true the financial gain special circumstance as to the murder of Robert Samuels, the multiple-murder special circumstance, and the allegation that a principal in the murder of Robert Samuels had used a firearm. (§§ 190.2, subd. (a)(1), (3), 12022, subd. (a)(1).)

The jury returned a death verdict for each murder. The trial court denied defendant's motions for a new trial and to reduce the penalty verdict. The court imposed a death sentence. This appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment in its entirety.

Defendant was married to Robert Samuels. On October 31, 1986, defendant filed for divorce. Even after the divorce proceedings were initiated, defendant and Robert Samuels were cordial, and…

A jury convicted defendant Mary Ellen Samuels of the first degree murders of Robert Samuels and James Bernstein, soliciting the murders of Robert Samuels and James Bernstein, and conspiring to murder Robert Samuels and James Bernstein. (Pen. Code, §§ 187, subd. (a), 653f, subd. (b), 182, subd. (a)(1); hereafter all statutory references are to the Penal Code unless otherwise indicated.) The jury found true the financial gain special circumstance as to the murder of Robert Samuels, the multiple-murder special circumstance, and the allegation that a principal in the murder of Robert Samuels had used a firearm. (§§ 190.2, subd. (a)(1), (3), 12022, subd. (a)(1).)

The jury returned a death verdict for each murder. The trial court denied defendant’s motions for a new trial and to reduce the penalty verdict. The court imposed a death sentence. This appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment in its entirety.

I. Statement of Facts

A. Guilt Phase

Defendant was married to Robert Samuels. On October 31, 1986, defendant filed for divorce. Even after the divorce proceedings were initiated, defendant and Robert Samuels were cordial, and defendant continued to…